Pursuant to the authority of paragraph (2) of subsection (b) of Section of Title 11 of the United States Code522, the exemptions set forth in subsection (d) of Section of Title 11 of the United States Code522 (Bankruptcy) are not authorized in this state.
§ 703.130.Exemptions Set Forth In Bankruptcy Code Not Authorized In State
Title 9. Enforcement of Judgments · Division 2 · Chapter 4. Exemptions · Article 1. General Provisions · Last amended 2010 · Last verified July 28, 2026
In one sentenceSection 703.130 exercises California's option under federal bankruptcy law to opt out of the federal exemption list in 11 U.S.C. § 522(d), making those federal exemptions unavailable to a debtor in a California bankruptcy case.
Full Text of § 703.130
Plain-English Summary
Federal bankruptcy law lets each state decide whether its residents can use the federal list of bankruptcy exemptions or must rely on state-created exemptions instead. Section 703.130 makes that choice for California: relying on the authority Congress gave states in 11 U.S.C. § 522(b)(2), the Legislature declares that the federal exemptions listed in 11 U.S.C. § 522(d) aren't authorized here.
That doesn't leave a California debtor in bankruptcy without options. Section 703.140 lays out California's own bankruptcy-specific alternative — a set of exemptions closely modeled on the federal list, available to a debtor who doesn't want to use this chapter's ordinary state-law exemptions.
Frequently Asked Questions
Can a debtor in a California bankruptcy case use the federal exemption list?
No. Section 703.130 opts California out of the federal exemptions listed in 11 U.S.C. § 522(d).
Does that mean bankruptcy debtors in California only get the ordinary state exemptions?
Not exactly. Section 703.140 offers an alternative set of bankruptcy-specific exemptions closely modeled on the federal list, which a debtor can elect instead of this chapter's ordinary exemptions.
What federal law lets California make this opt-out choice?
11 U.S.C. § 522(b)(2), which authorizes states to bar debtors from using the federal exemption list.
Amendment History
Amended by Stats 2009 ch 500 (AB 1059),s 14, eff. 1/1/2010.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: california bankruptcy exemption opt outfederal exemptions not available california bankruptcy